THESE TERMS AND CONDITIONS OF USE ARE ENTERED INTO BETWEEN YOU AND TRUE WORLD FOODS LLC (“TWF”, “we”, “us”, or “NOBLE FRESH CART”). PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY AND THOROUGHLY BEFORE USING OR ENTERING THIS WEBSITE. THESE TERMS AND CONDITIONS APPLY TO ALL VISITORS AS WELL AS USERS OF THE NOBLE FRESH CART WEBSITE. YOUR USE OF THIS WEBSITE CONFIRMS YOUR UNCONDITIONAL ACCEPTANCE OF THE FOLLOWING TERMS AND CONDITIONS. IF YOU DO NOT ACCEPT THESE TERMS AND CONDITIONS, DO NOT USE THIS WEBSITE.

Copyright

The design of this website (the “Website”) and all text, graphics, information, content, and other material displayed on or that can be downloaded from this Website are protected by copyright, trademark and other laws and may not be used except as permitted in these Terms and Conditions or with prior written permission of TWF.

 

Trademarks

TWF  and its affiliated companies retain all rights regarding their trademarks, trade names, brand names and trade dress, including NOBLE FRESH CART. These marks, names or trade dress, and all associated logos or images, are registered and/or common law trademarks of TWF and its affiliates, and are protected by U.S. and international laws and treaties. License of use of such marks, names or trade dress has not and will not be granted to you under these terms and conditions or by your use of the NobleFreshCart.com website. Your misuse of the trademarks displayed on the NobleFreshCart.com website is strictly prohibited. You are also advised that TWF will aggressively enforce its intellectual property rights to the fullest extent of the law, including the seeking of civil remedies and criminal prosecution.

Registration and Security

If you wish to purchase any products or use certain services on the Website, you must open an account with us and provide the required information to us. You agree to maintain the strict confidentiality of your account and any passwords issued to you for your use of or access to the Website or any portion thereof, and you agree not to allow any other individual or entity to use any username(s) or password(s) that are issued to you. You shall be responsible for all activity that occurs under your account or password. We cannot and will not be liable for any loss or damage arising from your failure to comply with these obligations. All information provided to us will be used in accordance with our Privacy Policy.

 

Modification of the Website and the Services

We reserve the right, for any reason, in our sole discretion, to terminate, change, suspend or discontinue any aspect of the Website, including, but not limited to, content, features, or hours of availability. We may also impose limits on certain features of the Website or restrict your access to part or the entire Website without notice or penalty. We may suspend or terminate your account or your use of the Website at any time, for any reason, or for no reason at all.

 

User Comments, Feedback and Other Submissions

We neither solicit, nor do we wish to receive any confidential, secret or proprietary information or other material from you either through the Website, any of its services, by e-mail, or in any other way. Unless otherwise expressly agreed in writing prior to your submission to us, any comments, feedback, information or other material submitted or sent to us will be deemed not to be confidential or secret. By submitting or sending comments, feedback, information or other materials to us you represent and warrant that the information and material is original to you and that no other party has any rights to the information or material. All comments, feedback, information or other materials submitted shall be and remain property of NOBLE FRESH CART and we shall have the unrestricted, worldwide right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform and display such material and information (in whole or part) worldwide and/or to incorporate it in other works in any form, media, or technology now known or later developed. You also agree that any “moral rights” in posted information and materials have been waived.

Announcements

NOBLE FRESH CART may keep in contact with its customers and users by mailing (regular mail service) or emailing materials or links to materials related to its announcements or advertisements to the addresses found in emails or registration contents.

Colors

We try to display the colors of our products as accurately as possible. Nevertheless, the colors shown through your monitor will vary by customer and hardware, and we cannot guarantee that your monitor’s display of any color will be accurate.

External Links

We may provide links to other websites from time to time. These links are provided for your convenience. We do not endorse or take responsibility for the content of those websites, are not responsible for the availability of them, and will not be liable in any way for any loss or damage which you may suffer by using those websites. If you decide to access linked websites, you do so at your own risk.

Payment

You are responsible for any payments due for any products or services ordered through your account. If we do not receive payment from your credit issuer or its agents, you agree to pay all amounts due to us. You shall also be responsible for any costs of collection for overdue payments. For your own security and protection, NOBLE FRESH CART will pre-authorize the full amount of your purchase to verify your billing address and credit card information. This pre-authorization will drop from your account at the time of order. Your card will undergo a temporary pre-authorization for 15% higher prices to accommodate potential weight variances. This pre-authorization is temporary, and the actual charge will be finalized and communicated to you on the fulfillment date. Please note that if the pre-authorization fails, we will not proceed with authorization, and the full amount of your purchase will be returned to your account within 3-4 business days depending on your financial institution. NOBLE FRESH CART will collect payment or charge your account only for the products sold and shipped from our warehouses. In the unlikely event we determine the item is sold out after you place your order, we will send an email to you explaining that the item is sold out. Other Items In your order will ship. Billing occurs at the time of placing the order, but you will see the credit for the voided items within 3-4 business days depending on your financial institution.

 

Product Orders

PRICES AND AVAILABILITY OF THE PRODUCTS AND SERVICES LISTED ON THE WEBSITE ARE SUBJECT TO CHANGE WITHOUT NOTICE. The listing, description of, or reference to, a product or service on the Website does not imply that the product or service is presently available or that we endorse that product or service. In the event a product or service is listed at an incorrect price due to a typographical error, error in pricing information received from a supplier, or any other reason, we shall have and reserve the right to refuse or cancel any order placed for such product or service at the incorrect price, even if the order has been confirmed and/or your credit card has been charged. If your credit card has already been charged for the purchase and your order is cancelled, we shall promptly issue a credit to your credit card account in the amount of the incorrect price. Risk of loss and title shall transfer from Seller to Buyer at the point when Seller delivers the goods to a common carrier of its choice.

 

Returns
As these are perishable items, all sales are final and we do not accept returns. NOBLE FRESH CART is not liable for any loss or damages caused by the mishandling of the product by the buyer or handler. Most of our products are highly perishable and cooling to packaging ratio is expected to last 24 hours. Packages not received due to the customer’s absence to sign for the package will be destroyed and we will provide no refund or return on that product.

We only issue refunds if the product originally delivered to you is defective or if the wrong items are delivered. We do not offer exchanges for returned products for any other reason.

 

If you receive a product, you did not order or have any additional issues, please contact customer service at info@noblefreshcart.

 

 

Membership and Rewards Program

1. 1. Membership & Eligibility

The NOBLE FRESH CART Rewards Program ("Program") is a free rewards program offered by NOBLE FRESH CART to its customers located in the U.S. Membership in the Program ("Membership") is limited to individuals only and is limited to one account per individual. You must be age 13 years or older and a legal resident of the United States to be eligible for Membership. Eligible minors must obtain their parent's or legal guardian's consent prior to participation.

BY APPLYING FOR MEMBERSHIP IN THE PROGRAM, YOU AGREE (OR, IF YOU ARE A MINOR, YOUR PARENT OR LEGAL GUARDIAN AGREES) TO BE BOUND BY THESE TERMS AND CONDITIONS ("TERMS"). NO PURCHASE IS NECESSARY TO BECOME A NOBLE FRESH CART REWARDS PROGRAM MEMBER.

 

 

2. Membership; Earning and Redeeming Rewards Points

 

1. Noble Points

Under the Program, each tier of membership will have NOBLE FRESH CART reward points credited to their account for every U.S. dollar spent (a “Point” or “Noble Point”). The members of Noble earn 1 Point for every $1 spent. Members can redeem a $10 discount coupon for 300 reward points and $20 discount coupon for 500.  The points can be redeemed only one time with a minimum purchase of $100 on orders. The reward redemption cannot be combined with any coupons or promotions. Noble Points will not be earned on any orders paid with Noble Points. 

 Any reference to "merchandise" or the value of merchandise in these Terms for purposes of collecting Noble Points includes all Noble Fresh Cart products* sold online at NobleFreshCart.com (*Exclusions may apply). It does not include payment for taxes and shipping fees.

As part of the Benefits of being a member, your Noble Points may be redeemed for rewards made available by Noble Fresh Cart from time to time in its sole discretion (“Rewards”). You are eligible to redeem Noble Points for a Reward if you have enough Noble Points in your account. Rewards can only be redeemed online, and only if shipped to an address in the U.S.

Noble Points themselves have discount value if you have enough Noble Points (300 points -> $10, 500 points -> $20,). The point redemption is valid with a minimum purchase of $100 on orders. Noble Fresh Cart may, in its sole discretion, allow Noble Points to be redeemed for other benefits or items of merchandise from time to time.

 

1. Noble Point Expiration

 It's our hope that you redeem your Noble Points on a regular basis. All unredeemed Noble Points will expire within 12 months of when they were earned. If you have questions regarding the date of your last Noble Point activity or your last purchase, please consult your account page. If you feel your Noble Points have expired in error, please email Customer Service at help@noblefreshcart.com for assistance.

Additionally, Noble Points will automatically expire if your Membership is revoked or otherwise cancelled for the reasons further set forth in Section 2.

 

3. Changes, Termination and/or Removal from Program

NOBLE FRESH CART may, in its sole discretion, alter, limit, or modify the Program rules, regulations, benefits, Rewards, eligibility for Membership, or any other feature of the Program (including assigning any of its obligations to customers under the Program at any time to another person or entity, without recourse) or may terminate the Program at any time at its sole discretion, by posting any such changes on the NOBLE FRESH CART website.

 YOUR CONTINUED PARTICIPATION IN THE PROGRAM FOLLOWING SUCH CHANGES CONSTITUTES YOUR ACCEPTANCE OF THE CHANGES AND ANY NEW TERMS.

 

Noble Fresh Cart reserves the right to exclude individuals from the Program or remove Noble Fresh Cart Points from a member’s account in its sole but reasonable discretion. In particular, any abuse, manipulation or “gaming” of the Program or its rules (as determined by Noble Fresh Cart), failure to follow any terms of the Program, Membership inactivity for more than 12 months, any misrepresentation or conduct detrimental to the interests of Noble Fresh Cart not otherwise protected by law may subject members to Membership revocation or deduction of Noble Fresh Cart Points obtained through these abusive or manipulative activities and will affect eligibility for further participation in the Program. Membership is non-transferable and Membership purchases must be made by the member. If your Membership is revoked or otherwise cancelled, any Noble Fresh Cart Points in your account will automatically expire. Noble Fresh Cart  reserves the right to make changes to its Website and these Terms at any time. It is your responsibility to check or review these Terms from time to time to keep informed of any changes. By joining the Program, you hereby agree to be bound by any such changed Terms.

 

Disclaimers and Limitations of Liability

The Website is provided on an "AS IS" basis. Neither NOBLE FRESH CART, nor its affiliates, subsidiaries, or designees, nor each of their respective officers, directors, managers, members, employees, agents, third-party content providers, designers, contractors, distributors, merchants, sponsors, licensors or the like (collectively "Associates") check or is responsible for contents of the Website uploaded by users and communication contents among users and, nor do they warrant the use of the Website will be uninterrupted or error-free. TO THE FULLEST EXTENT PERMITTED BY LAW, UNDER NO CIRCUMSTANCES SHALL NOBLE FRESH CART OR ITS ASSOCIATES BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES THAT RESULT FROM CONTENTS OF THE WEBSITE, PUBLIC COMMUNICATION AMONG USERS AND THE USE OF OR INABILITY TO USE THE WEBSITE, INCLUDING BUT NOT LIMITED TO, RELIANCE BY A USER ON ANY INFORMATION OBTAINED THROUGH THE WEBSITE, OR THAT RESULT FROM MISTAKES, OMISSIONS, INTERRUPTIONS, DELETION OF FILES OR EMAILS, ERRORS, DEFECTS, VIRUSES, DELAYS IN OPERATION OR TRANSMISSION, OR ANY FAILURE OF PERFORMANCE, WHETHER OR NOT RESULTING FROM ACTS OF GOD, SYSTEM FAILURE, THEFT, DESTRUCTION OR UNAUTHORIZED ACCESS TO NOBLE FRESH CART'S RECORDS, PROGRAMS, OR SERVICES. NOBLE FRESH CART reserves the right to prevent or delete the contents of public communication or uploaded files, images, graphics, or words that are determined by NOBLE FRESH CART to be: (a) abusive, defamatory, or malicious; (b) private-invasive, fraudulent, deceptive, or untruthful; (c) infringement of copyright or trade/service mark, or violation of property; (d) aggressive; (e) sexual; or (f) any other conditions deemed to be inappropriate for the Website by NOBLE FRESH CART.

 

Amendment of the Terms

We reserve the right to amend these Terms of Use without notice to you from time to time. If we decide to change these Terms of Use we will post those changes here. We encourage you to visit this section of our Website regularly in order to remain informed of any changes. Any such amendment shall be effective once the revised terms have been posted on the Website and apply to all access to and use of the Website thereafter. However, changes to the dispute resolution provisions set out in the Governing Law and Jurisdiction and Arbitration sections of these Terms of Use, below, will not apply to any disputes for which the parties have actual notice on or before the date the change is posted on the Website. Your continued use of the Website following the posting of revised Terms of Use means that you accept and agree to the changes. You are expected to check this page from time to time so that you are aware of any changes, as they are binding upon you.

 

Privacy Policy

We encourage you to read our Privacy Policy, which is incorporated by reference into these Terms of Use. By using the Website, you agree to the Privacy Policy. The following is a link to the NOBLE FRESH CART Privacy Policy [INSERT LINK].

 

Prohibited Uses

You may use the Website only for lawful purposes and in accordance with these Terms of Use. You agree not to use the Website:

 

• In any way that violates any applicable federal, state, local, or international law or regulation (including, without limitation, any laws regarding the export of data or software to and from the US or other countries). 

• To engage in any other conduct that restricts or inhibits anyone's use or enjoyment of the Website, or which, as determined by us, may harm the Company or users of the Website, or expose them to liability. 

            Additionally, you agree not to: 

• Use the Website in any manner that could disable, overburden, damage, or impair the site or interfere with any other party's use of the Website, including their ability to engage in real time activities through the Website. 

• Use any robot, spider, or other automatic device, process, or means to access the Website for any purpose, including monitoring or copying any of the material on the Website. 

• Use any manual process to monitor or copy any of the material on the Website, or for any other purpose not expressly authorized in these Terms of Use, without our prior written consent. 

• Use any device, software, or routine that interferes with the proper working of the Website. 

• Introduce any viruses, Trojan horses, worms, logic bombs, or other material that is malicious or technologically harmful. 

• Attempt to gain unauthorized access to, interfere with, damage, or disrupt any parts of the Website, the server on which the Website is stored, or any server, computer, or database connected to the Website. 

• Attack the Website via a denial-of-service attack or a distributed denial-of-service attack. 

• Otherwise attempt to interfere with the proper working of the Website.

 

Geographic Restrictions

The owner of the Website is based in the United States. We provide this Website for use only by persons located in the United States. We make no claims that the Website or any of its content is accessible or appropriate outside of the United States. Access to the Website may not be legal by certain persons or in certain countries. If you access the Website from outside the United States, you do so on your own initiative and are responsible for compliance with local laws.

 

Disclaimer of Warranties

 You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for anti-virus protection and accuracy of data input and output, and for maintaining a means for any reconstruction of any lost data. TO THE FULLEST EXTENT PERMITTED BY LAW, WE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A DISTRIBUTED DENIAL-OF-SERVICE ATTACK, VIRUSES, OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA, OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF THE WEBSITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE OR YOUR DOWNLOADING OF ANY MATERIAL POSTED ON IT, OR ON ANY WEBSITE LINKED TO IT.

 

Limitation on Liability

 TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT WILL THE COMPANY, ITS AFFILIATES, OR THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, MEMBERS, MANAGERS, OFFICERS, OR DIRECTORS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR PURCHASE OF YOUR USE, OR INABILITY TO USE, THE WEBSITE, ANY WEBSITES LINKED TO IT, ANY CONTENT ON THE WEBSITE OR SUCH OTHER WEBSITES, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT, OR OTHERWISE, EVEN IF FORESEEABLE.

 TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT WILL THE COLLECTIVE LIABILITY OF NOBLE FRESH CART, ITS SUBSIDIARIES AND AFFILIATIES (REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, TORT, OR OTHERWISE) EXCEED THE AMOUNT YOU HAVE PAID TO THE COMPANY FOR THE APPLICABLE PRODUCT OR SERVICE OUT OF WHICH LIABILITY AROSE.

 The limitation of liability set out above does not apply to liability resulting from our gross negligence or willful misconduct or death or bodily injury caused by products you purchase through the site.

 THE FOREGOING DOES NOT AFFECT ANY LIABILITY THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

  

Governing Law and Jurisdiction

All matters relating to the Website and these Terms of Use, and any dispute or claim arising therefrom or related thereto (in each case, including non-contractual disputes or claims), shall be governed by and construed in accordance with the internal laws of the State of New York without giving effect to any choice or conflict of law provision or rule (whether of the State of New York or any other jurisdiction).

 Any legal suit, action, or proceeding arising out of, or related to, these Terms of Use or the Website shall be instituted exclusively in the state of federal courts seated in the Borough of Manhattan, City of New York, state of New York, although we retain the right to bring any suit, action, or proceeding against you for breach of these Terms of Use in your state and county of residence. You waive any and all objections to the exercise of jurisdiction over you by such courts and to venue in such courts.

 

Arbitration

At its sole discretion, TWF may require you to submit any disputes arising from these Terms of Use or use of the Website, including disputes arising from or concerning their interpretation, violation, invalidity, non-performance, or termination, to final and binding arbitration under the Rules of Arbitration of the American Arbitration Association applying New York state law. 

Limitation on Time to File Claims

ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR RELATING TO THESE TERMS OF USE OR THE WEBSITE MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES; OTHERWISE, SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED.

 

Waiver and Severability

No waiver by the Company of any term or condition set out in these Terms of Use shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of the Company to assert a right or provision under these Terms of Use shall not constitute a waiver of such right or provision.

If any provision of these Terms of Use is held by a court or other tribunal of competent jurisdiction to be invalid, illegal, or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the Terms of Use will continue in full force and effect.

 

Entire Agreement

The Terms of Use,  our Privacy Policy, and the Terms of Sale (if any) constitute the sole and entire agreement between you and True World Foods LLC, its subsidiaries and affiliates, regarding the Website and supersede all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral, regarding the Website and any goods sold through the Website.